Assets collections / TM Legal CCJ

[Deleted User]

Assets collections / TM legal have a CCJ on me for an old Avant Credit debt. They phoned me this morning, I know not to deal with debt collectors on the phone, but wanted to hear what they had to say.

They said I could make an offer to settle the account, so I asked them would the CCJ be marked as satisfied on my credit files if you accepted an offer, they said yes.

Would this be true as I thought the court needs to see proof that the CCJ has been paid in full before it is marked as satisfied.

Also I wonder if I have grounds to get this CCJ set aside as I requested a CCA when they started the CCJ claim but they never replied with it.

Willing2Learn

Hi Lee,

I believe that your creditor should inform the court when you have paid in full and satisfied the CCJ.

If your creditor does not do so, then I believe that you would have to send details of the CCJ to the court, with evidence that shows you have made the payment (like a copy of your bank statement).

Edit: What type of account was it originally, before the CCJ? Was it a type of account where you have the right to submit a CCA request?

[Deleted User]

Willing2Learn wrote: »

Hi Lee,

I believe that your creditor should inform the court when you have paid in full and satisfied the CCJ.

If your creditor does not do so, then I believe that you would have to send details of the CCJ to the court, with evidence that shows you have made the payment (like a copy of your bank statement).

Edit: What type of account was it originally, before the CCJ? Was it a type of account where you have the right to submit a CCA request?

It was a loan account.

They are saying they will accept a lower offer to settle the account but I will only do this if they mark the CCJ as satisfied/settled. If it was to still be listed as unsettled/outstanding then there is little point as I am already making monthly payments.


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Willing2Learn

I don't think a court will mark the CCJ account as being satisfied with a partial payment. I think it only works if you have paid the full amount. But wait for sourcrates or fatbelly to comment, for a definitive response.

One of the comments at the bottom of the linked article below seems to imply that a partially settled CCJ cannot be marked as satisfied
https://debtcamel.co.uk/paid-ccj-satisfied/

[Deleted User]

Also TM Legal want me to increase my monthly payment to them after I sent them a SOA.

I pay TML, Lowell, and RBS the same each month but TML are saying that I should pay Lowell and RBS less and pay the extra to TML as they are a "priority debt" in their words.

Are they really a priority debt, I thought things like council tax, rent/mortgage, electric, etc. were priority, not consumer debt.

Willing2Learn

I think they are just trying to put the squeeze on you. As far as I am aware, your CCJ account in non-priority.

sourcrates

Deleted_User wrote: »

Also TM Legal want me to increase my monthly payment to them after I sent them a SOA.

I pay TML, Lowell, and RBS the same each month but TML are saying that I should pay Lowell and RBS less and pay the extra to TML as they are a "priority debt" in their words.

Are they really a priority debt, I thought things like council tax, rent/mortgage, electric, etc. were priority, not consumer debt.

Willing2Learn wrote: »

I think they are just trying to put the squeeze on you. As far as I am aware, your CCJ account in non-priority.

It is a priority debt given the fact they could, if they wished, send the county court bailif round to press you for money, wearas the others cannot, as they don`t possess a CCJ.

[Deleted User]

I've had word this week from TM Legal offering me to settle the CCJ with a £500 discount F&F plus they say they will tell the court to mark the CCJ as satisfied.

I thought the court will only mark it satisfied if the full amount has been cleared?